Farmers Reservoir & Irrigation Co. v. Sun Production Co.

BABCOCK, Judge.

In this action for declaratory judgment, the issue is whether two deeds to Farmers Reservoir & Irrigation Company (FRICO) conveyed easements or fee simple interests in land traversed by FRICO’s ditches. The parties presented the case to the trial court on briefs supplemented by copies of the deeds and copies of FRICO’s articles of incorporation, and amendments thereto. The trial court ruled that the deeds conveyed rights-of-way only. FRICO appeals and we reverse.

FRICO claims that it acquired fee simple interests in two strips of land by warranty deed from William B. Bowman…